The compensation payable to the landowners for the acquisition of Gair Mumkin Pahar land and trees is Rs. 4040/- per acre.

N.C.Jain, J.

1. This judgment of mine would dispose of Regular First Appeal Nos. 1949 to 1961 of 1991 and 2154 of 1992 filed by the landowners against the Award of the District Judge, Ambala, dated 12.3.1991. All the appeals arise out of common notification and common Award.

2. The State of Haryana in pursuance of notification dated 16.12.1980 issued under Section 4 of the land Acquisition Act (hereinafter referred to as the Act), acquired land measuring 533 acres, situated in village Kathgarh, Tehsil, Jagadhri District Yamuna Nagar. The aforesaid land was acquired for a public purpose, namely, for forest plantation. The land Acquisition Collector by his Award dated 18.6.1986, assessed the compensation for the acquired land at the rate of Rs. 1600/per acre. Dissatisfied with the Award of the Land Acquisition Collector, the landowners sought references under Section 18 of the Act. On reference, the learned District Judge, Ambala, has determined the market value of the acquired land at the rate of Rs. 3100/- per acre. Aggrieved against the Award of the learned District Judge, Ambala, the landowners have filed these appeals.

3. In these appeals two questions arise. They are whether the grant of compensation at the rate of Rs. 3100/- per acre is just, fair and reasonable and whether the landowners are entitled to the grant of compensation for the trees, which according to them, were standing at the time of acquisition. In order to appreciate the aforesaid questions, it is necessary to have a look at the oral and documentary evidence brought on the record of the case.

4. The landowners produced six witnesses whereas the State has produced one witness. Apart from the oral evidence, the landowners produced Exh. P1 Aks-shajra, Ex. P2 the report of the Local Commissioner mentioning the number of trees, P3 the plan showing the trees of various kinds i.e. Chhal etc. Exhs. P4 and P5 evidencing the payment of some money, Exhs. PA, PB, PC copies of sale deeds Exhs. PD, PE and PF copies of the mutations and Exhs PC and PH copies of the jamabandis. The State of Haryana in addition to the production of R.W.I. Krishan Kumar Patwari of the office of the Deputy Conservator of Forests Ambala also produced Ex. R1 the index map showing the. acquired land in green colour, copies of the sale deeds Exhs R2 to R6 and R.7 the gist of the sale transactions.

PW. 1 Kamlesh Singla Clerk Tehsil Office Jagadhri stated that Mehar Singh Contractor took in auction Som Nadi in village Kathgarh regarding gold (probably he means minerals).

PW. 2 Naib Singh Patwari stated that village Kathgarh was in his revenue circle and that he bad seen the signature on the Aks-shajra of the previous Patwari Balwant Singh which was prepared by him. He claims to have seen the nature of the land which was uneven. Khasra Nos. 52/14 and 78/3, 4/1 and 4/2, according to him, was near the acquired land. Khasra No. 146 was situated at a distance of 6-7 acres away from the acquired land. In cross-examination he was constrained to admit that the entire acquired land was Gair Mumkin Pahar and was unfit for cultivation. The acquired land, according to him, suffered erosion due to the flow of water from the Hilly area. He further stated that the Forest Department did plantation over the acquired land. He volunteered to say that plantation was already there. He further admitted in cross-examination that he had not seen the acquired land prior to his posting as Patwari i.e. before September 1990. Village Kathgarh, according to him, was situated at a distance of 8-10 killas from the acquired land.

PW. 3 Kartar Singh claims to have seen the Forest of Kathgarh. He stated that he had seen there trees of Chhal, Jingan, Khair, Sain, Cheer, Chilly, Chilla, Dhakran, Kikkar, Sheesham, Neem, Neor, Jhanjhera. die stated that he had seen and counted the trees for four days. He is stated to have prepared the site plan Exh. P3. He proved his report regarding the counting of trees Exh. P.2. He also cla